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Environmental and OSHA

The maze of ever-changing environmental and OSHA regulations is increasingly challenging and requires experienced legal advisors. The management of these complex demands is critical to businesses because of the direct impact on their operations, finances, personnel and sustainability. Our team of environmental and OSHA lawyers is comprised of attorneys who have practiced at some of the nation’s largest law firms and have worked at regulatory agencies, including the North Carolina Department of Justice (DOJ) and the North Carolina Department of Environment and Natural Resources (NCDENR). This group of experienced attorneys has a keen grasp on the law, with an insider’s perspective of the process and strong relationships with state and federal regulators. 

Chambers USA recognized Smith Anderson’s Environmental and OSHA practice and its two head Partners as among the best in North Carolina. In its 2014 edition, Chambers quotes a client of the practice as saying, “The lawyers just seem to know how to talk the language of both the businesses and the state regulators, and they are very effective at translating the business needs for the regulators, and vice versa". (Chambers USA 2014) In “Best Law Firms” 2014, a joint ranking by U.S. News & World Report and Best Lawyers®, this practice was awarded with the highest metropolitan ranking.

As the largest law firm headquartered in our State’s capital, Raleigh, our Firm has rich government and regulatory experience coupled with deep transactional and litigation expertise. We call upon our Government Relations team to assist with legislative and rulemaking matters. We quickly and effectively analyze complex regulatory issues, develop compliance and alternative risk-management strategies, and craft creative, practical solutions. Not only are we focused on achieving immediate goals in a cost-effective manner, but we also counsel our clients on avoiding costly regulatory problems in the long run.

Our clients include large and medium-size businesses across North Carolina and throughout the Southeast, representing a diverse list of industries. We are a full-service business and litigation law firm and provide legal counsel in such related areas as Construction, Real Estate Development, Energy and Renewable Energy, Commercial Contracts, Employment, Labor and Human Resources, and Government Relations. CLICK HERE to see our full list of practice areas.

  • Due diligence investigations and compliance audits
  • Real estate and business transactions, including contractual allocation of environmental risks and liabilities
  • Enforcement action defense, including citations and civil penalty assessments
  • Whistleblower defense and risk mitigation
  • Internal investigations and crisis management due to workplace fatalities, industrial accidents, chemical and petroleum product spills, and worker safety complaints
  • Environmental and administrative litigation, including Superfund, RCRA, insurance coverage disputes and toxic torts
  • Petroleum marketing and convenience store industry issues, including underground storage tank compliance and State Trust Fund eligibility
  • Permitting, approvals and regulatory clarifications
  • NPDES, Section 404/401 and storm water permitting; construction and development involving water rights, wetlands, streams, riparian buffers, shorelines and erosion control
  • Air quality, including indoor air quality and mold issues, as well as mining and dam safety
  • OSHA compliance, including hazard communication, confined space entry, lockout/tagout, fall protection, personal protective equipment (PPE), recordkeeping and process safety management
  • Brownfields redevelopment, site remediation and transfers of contaminated property and assets
  • Legislative and agency advocacy before N.C. General Assembly, NCDENR, NCDOL-Occupational Safety and Health Division and various administrative boards
  • Monitor and analyze legislation for our clients, network with legislators and agency regulators, and participate in government meetings and hearings
  • Renewable energy and sustainability disclosure analysis and contract regulations
  • Representation of an international soft drink company in connection with acquisitions, environmental and OSHA compliance, and enforcement defense actions across the United States
  • Representation of national waste management companies in connection with permitting, landfill siting and regulatory approvals in North Carolina
  • Representation of one of the nation's largest convenience store chains in connection with acquisitions, enforcement defense, permitting and private party settlements throughout 13 states
  • Representation of the nation’s largest electric utility in its acquisition and construction of three utility-scale solar power generating facilities
  • Local environmental counsel for Fortune 1000 company that owns and operates large scale waste-to-energy facilities
  • Representation of national pharmaceutical company in connection with defense of one of the single largest OSHA enforcement actions ever brought by the NCDOL-OSH Division; also defended personal injury actions filed by more than 50 individuals alleging exposure to toxic chemicals arising from the same events
  • Representation of international pharmaceutical company in connection with state and federal air quality permitting and approval requirements
  • Representation of national trucking companies in connection with site remediation, OSHA compliance and defense and acquisition matters
  • Representation of national food and snack manufacturers in connection with site remediation, enforcement defense and air quality/risk management plan compliance
  • Representation of international and national paper product companies in connection with RCRA permitting, site remediation, TSCA reporting, water quality permitting and OSHA compliance matters in North Carolina
  • Representation of insurance carrier and its insured, a private water company, in a drinking water contamination lawsuit brought by 30 homeowners in North Carolina
  • Representation of real estate investment company before the N.C. Environmental Management Commission (EMC) in its successful intervention of opposition to a declaratory ruling request involving the corrected delineation of the Jordan Lake watershed critical area
  • Representation of a national pickle manufacturer before EMC in successful renewal of water quality variance and NPDES permit
  • Representation of clients in connection with all major North Carolina environmental, health and safety programs, including the Clean Air, Clean Water, and Solid and Hazardous Waste Programs; Groundwater and Aquifer Protection Programs; Stormwater and Wetlands Programs; Endangered Species; Superfund; OSHA; Asbestos; Mining and Sedimentation Control; Pollution Prevention; and Renewable Energy
  • Legislative and regulatory advocacy in connection with numerous North Carolina environmental statutory programs and agency initiatives, including landfill permitting, Brownfields, dry cleaner and UST Trust Fund issues, and hazardous waste permitting matters
  • Preparation of climate change disclosures for public company client in SEC filings
  • Representation of the North Carolina Department of Environment and Natural Resources (NCDENR) as Assistant Attorneys General and have personal regulatory experience with virtually all state and federal environmental programs in effect in North Carolina

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